Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 376, 354 & 511---Attempt to commit rape assault or criminal force to woman with intent to outrage her modesty---Appreciation of evidence---Benefit of doubt---Allegation against the accused was that he along with co-accused attempted to commit rape with the daughter of the complainant---Trial Court charged the accused and co-accused under Ss. 376 & 511, P.P.C. and convicted the accused under S. 354, P.P.C. and sentenced him to 2 years rigorous imprisonment with fine of Rs. 30,000 and co-accused was acquitted--Validity---Complainant, father of the victim, was not eye-witness and he had narrated what he heard from his daughter---Victim who appeared in the witness box claimed that the accused and co-accused forcibly committed rape with her one after the other and at the time of occurrence she made noise which attracted her cousin who witnessed the occurrence--When said cousin was confronted in cross-examination with his statement under S.161 Cr. P. C., several improvements were found to have been made by him---Ocular account in the present case comprised the evidence of the victim as well as her cousin and victim had not levelled the allegations against the accused and co-accused for only having made attempt to commit rape with her but she deposed in cross-examination that both the accused had committed rape with her one by one---Said statement of victim was negated by the report of the Chemical Examiner and medical evidence and according to statement of medical officer the hymen was intact and victim only showed redness in the posterior fourchette---Report of Chemical Examiner did not support the prosecution according to which only part of "Shalwar" was stained with semen---Victim was examined after 7 days of the occurrence and according to said report the vaginal swabs were not found to be stained with semen---Medical evidence thus negated the version of the victim, complainant, and the eye-witness---No bleeding occurred at the time of occurrence and if girl of 15 years was forcibly raped by 2 young boys then there must have been symptoms of the same on the body of the victim but no marks of violence were found on her…

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